PRINTER'S NO. 586
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.578
Session of
2025
INTRODUCED BY GEBHARD, LAUGHLIN, PHILLIPS-HILL AND ROTHMAN,
APRIL 9, 2025
REFERRED TO BANKING AND INSURANCE, APRIL 9, 2025
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in financial responsibility, further providing for
availability, scope and amount of coverage, repealing
provisions relating to request for lower limits of coverage,
providing for offer of lower limits of coverage, repealing
provisions relating to coverages in excess of required
amounts and to stacking of uninsured and underinsured
benefits and option to waive, providing for stacking of
uninsured and underinsured benefits prohibited and further
providing for notice of available benefits and limits and for
availability of uninsured, underinsured, bodily injury
liability and property damage coverages and mandatory
deductibles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1731(a) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1731. Availability, scope and amount of coverage.
(a) Mandatory offering.--No motor vehicle liability
insurance policy shall be delivered or issued for delivery in
this Commonwealth, with respect to any motor vehicle registered
or principally garaged in this Commonwealth, unless uninsured
motorist and underinsured motorist coverages are offered therein
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23 or supplemental thereto in amounts as provided in section [ 1734
(relating to request for lower limits of coverage). Purchase ]
1734.1 (relating to offer of lower limits of coverage). The
election of uninsured motorist and underinsured motorist
coverages is optional.
* * *
Section 2. Section 1734 of Title 75 is repealed:
[§ 1734. Request for lower limits of coverage.
A named insured may request in writing the issuance of
coverages under section 1731 (relating to availability, scope
and amount of coverage) in amounts equal to or less than the
limits of liability for bodily injury. ]
Section 3. Title 75 is amended by adding a section to read:
§ 1734.1. Offer of lower limits of coverage.
(a) Stacking prohibited.--An insurer may not stack uninsured
and underinsured motorist coverage in a motor vehicle liability
insurance policy delivered or issued for delivery in this
Commonwealth to determine the limit of the coverage available to
an insured for injuries sustained in an accident.
(b) New policies.--
(1) On an initial application, an insurer that issues to
a named insured a motor vehicle liability insurance policy
delivered or issued for delivery in this Commonwealth shall
offer uninsured and underinsured motorist coverage in an
amount equal to the bodily injury liability limits elected.
An insurer shall make available and a named insured may
select amounts of uninsured and underinsured motorist
coverage lower than the bodily injury liability limits
elected. An insurer may make available amounts of uninsured
and underinsured motorist coverage higher than the bodily
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30 injury liability limits elected.
(2) On an initial application, a named insured shall be
conclusively presumed to have elected uninsured and
underinsured motorist coverage equivalent to that elected by
a named insured for bodily injury unless the uninsured and
underinsured motorist coverage was rejected on the policy in
accordance with section 1731 (relating to availability, scope
and amount of coverage) or elected in a different amount by a
named insured.
(c) Renewed policies.--
(1) Unless another amount is selected in writing by a
named insured or otherwise provided in accordance with this
chapter, for a policy renewing on or after one year from the
effective date of this paragraph an insurer shall renew the
policy to include equivalent amounts of uninsured and
underinsured motorist coverage, if any, as elected by the
named insured in the policy being superseded .
(2) Subje ct to paragraph (1), a rejection or reduction
of uninsured or underinsured benefits on a policy by a named
insured before the effective date of this paragraph shall
remain valid.
(3) For the purposes of paragraph (1), equivalent
amounts of uninsured and underinsured motorist coverage shall
not include coverage limits under more than one policy.
(d) Elections.--An election made or deemed to be made on
initial application or at a renewal shall remain in effect
throughout the lifetime of the policy until affirmatively
changed by the named insured.
( e) Notice of coverage.--
(1) No later than the initial issuance or initial
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30 renewal of a motor vehicle liability insurance policy, in the
first year 180 days after the effective date of this
paragraph, an insurer shall provide in writing to the named
insured under the policy the following notice with respect to
the election of uninsured and underinsured motorist coverage:
Uninsured and underinsured motorist coverage is
available to provide compensation for injuries caused
by persons who either have no automobile insurance or
do not have enough automobile insurance to compensate
you and your family for your injuries. This coverage
is important to provide protection for you.
Previously, you were able to purchase stacking of
uninsured and underinsured motorist coverage.
Stacking increases your uninsured and underinsured
motorist coverage by adding the limits of this
coverage for each vehicle for which the injured
person is an insured.
While stacking has been eliminated by law, you
still have the right to elect uninsured and
underinsured motorist coverage for motor vehicle
liability insurance policies delivered or issued for
delivery in this Commonwealth as a named insured in
an amount equal to the amount of your bodily injury
liability coverage limits. Insurers may, but are not
required to, make available amounts of uninsured and
underinsured motorist coverage higher than the bodily
injury liability limits elected.
You also retain the right to elect uninsured and
underinsured motorist coverage less than the amount
of your liability coverage or to reject such
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30 coverage.
Your insurer shall renew all policies delivered
or issued for delivery in this Commonwealth to
include equivalent amounts of uninsured and
underinsured motorist coverage, if any, as elected
under the policy being superseded unless you respond
to this notice and affirmatively elect a different
amount of uninsured and underinsured motorist
coverage to be issued at your next renewal.
(2) An insurer shall certify to the Insurance Department
that the insurer has complied with the notice requirement
under paragraph (1). An insurer's failure to certify
compliance with the notice requirement shall be subject to
the commissioner's review and enforcement under the act of
July 22, 1974 (P.L.589, No.205), known as the Unfair
Insurance Practices Act.
Section 4. Sections 1736 and 1738 of Title 75 are repealed:
[§ 1736. Coverages in excess of required amounts.
The coverages provided under this subchapter may be offered
by insurers in amounts higher than those required by this
chapter but may not be greater than the limits of liability
specified in the bodily injury liability provisions of the
insured's policy.
§ 1738. Stacking of uninsured and underinsured benefits and
option to waive.
(a) Limit for each vehicle.--When more than one vehicle is
insured under one or more policies providing uninsured or
underinsured motorist coverage, the stated limit for uninsured
or underinsured coverage shall apply separately to each vehicle
so insured. The limits of coverages available under this
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30 subchapter for an insured shall be the sum of the limits for
each motor vehicle as to which the injured person is an insured.
(b) Waiver.--Notwithstanding the provisions of subsection
(a), a named insured may waive coverage providing stacking of
uninsured or underinsured coverages in which case the limits of
coverage available under the policy for an insured shall be the
stated limits for the motor vehicle as to which the injured
person is an insured.
(c) More than one vehicle.--Each named insured purchasing
uninsured or underinsured motorist coverage for more than one
vehicle under a policy shall be provided the opportunity to
waive the stacked limits of coverage and instead purchase
coverage as described in subsection (b). The premiums for an
insured who exercises such waiver shall be reduced to reflect
the different cost of such coverage.
(d) Forms.--
(1) The named insured shall be informed that he may
exercise the waiver of the stacked limits of uninsured
motorist coverage by signing the following written rejection
form:
UNINSURED COVERAGE LIMITS
By signing this waiver, I am rejecting stacked limits
of uninsured motorist coverage under the policy for
myself and members of my household under which the limits
of coverage available would be the sum of limits for each
motor vehicle insured under the policy. Instead, the
limits of coverage that I am purchasing shall be reduced
to the limits stated in the policy. I knowingly and
voluntarily reject the stacked limits of coverage. I
understand that my premiums will be reduced if I reject
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30 this coverage.
..............................................................
Signature of First Named Insured
..............................................................
Date
(2) The named insured shall be informed that he may
exercise the waiver of the stacked limits of underinsured
motorist coverage by signing the following written rejection
form:
UNDERINSURED COVERAGE LIMITS
By signing this waiver, I am rejecting stacked limits
of underinsured motorist coverage under the policy for
myself and members of my household under which the limits
of coverage available would be the sum of limits for each
motor vehicle insured under the policy. Instead, the
limits of coverage that I am purchasing shall be reduced
to the limits stated in the policy. I knowingly and
voluntarily reject the stacked limits of coverage. I
understand that my premiums will be reduced if I reject
this coverage.
..............................................................
Signature of First Named Insured
..............................................................
Date
(e) Signature and date.--The forms described in subsection
(d) must be signed by the first named insured and dated to be
valid. Any rejection form that does not comply with this section
is void.]
Section 5. Title 75 is amended by adding a section to read:
§ 1738.1. Stacking of uninsured and underinsured benefits
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30 prohibited.
(a) Prohibition.--The limit of liability for uninsured and
underinsured motorist coverage applicable to two or more motor
vehicles covered under one or more policies delivered or issued
for delivery in this Commonwealth shall not be added together to
determine the limit of the coverage available to an insured for
injuries sustained in an accident.
(b) Insureds in noncovered vehicles.--If an insured is
injured as an occupant of a motor vehicle not covered by the
policy under which the person is a named insured or, if residing
in the household of the named insured, a spouse or other
relative of the named insured, the insured may recover the
following, unless the coverage is otherwise excluded:
(1) Benefits in accordance with section 1733(a)(1)
(relating to priority of recovery). For the purposes of this
subsection, the maximum recovery of uninsured or underinsured
motorist coverage available from a policy under section
1733(a)(1) shall be the lesser of the policy's bodily injury
or uninsured or underinsured motorist coverage limit.
Recovery shall not be available under this paragraph from a
policy under section 1733(a)(1) unless that policy maintains
uninsured and underinsured motorist coverage.
(2) Benefits in accordance with section 1733(a)(2) if
the maximum total recovery under all policies providing
benefits in accordance with section 1733(a)(2) is the
single- highest limit under any one policy for which the
person is an insured.
(c) Insureds in covered vehicles.--If an insured is injured
as an occupant of a motor vehicle covered by the policy under
which the person is a named insured or, if residing in the
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30 household of the named insured, a spouse or other relative of
the named insured, unless the coverage is otherwise excluded,
the insured may recover only the uninsured or underinsured
motorist coverage afforded by the policy covering the vehicle
occupied by the insured at the time of the accident.
(d) Pedestrians.--If an insured is injured as a pedestrian,
the maximum total recovery under all policies providing benefits
in accordance with section 1733(a)(2) shall be the single-
highest limit under any one policy for which the person is an
insured.
Section 6. Sections 1791 and 1792 heading and (a) of Title
75 are amended to read:
§ 1791. Notice of available benefits and limits.
[It] Except as otherwise provided by the laws of this
Commonwealth, it shall be presumed that the insured has been
advised of the benefits and limits available under this chapter
provided the following notice in bold print of at least ten-
point type is given to the applicant at the time of application
for original coverage, and no other notice , offer or rejection
shall be required:
IMPORTANT NOTICE
Insurance companies operating in the Commonwealth of
Pennsylvania are required by law to make available for
purchase the following benefits for you, your spouse or
other relatives or minors in your custody or in the
custody of your relatives, residing in your household,
occupants of your motor vehicle or persons struck by your
motor vehicle:
(1) Medical benefits, up to at least $100,000.
(1.1) Extraordinary medical benefits, from $100,000
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30 to $1,100,000 which may be offered in increments of
$100,000.
(2) Income loss benefits, up to at least $2,500 per
month up to a maximum benefit of at least $50,000.
(3) Accidental death benefits, up to at least
$25,000.
(4) Funeral benefits, $2,500.
(5) As an alternative to paragraphs (1), (2), (3)
and (4), a combination benefit, up to at least $177,500
of benefits in the aggregate or benefits payable up to
three years from the date of the accident, whichever
occurs first, subject to a limit on accidental death
benefit of up to $25,000 and a limit on funeral benefit
of $2,500, provided that nothing contained in this
subsection shall be construed to limit, reduce, modify or
change the provisions of section 1715(d) (relating to
availability of adequate limits).
(6) [Uninsured, underinsured and bodily ] Bodily
injury liability coverage up to at least $100,000 because
of injury to one person in any one accident and up to at
least $300,000 because of injury to two or more persons
in any one accident or, at the option of the insurer, up
to at least $300,000 in a single limit for these
coverages, except for policies issued under the Assigned
Risk Plan. Also, at least $5,000 for damage to property
of others in any one accident.
[Additionally, insurers ] (7) Uninsured and underinsured
motorist coverage under motor vehicle liability insurance
policies delivered or issued for delivery in this
Commonwealth to a named insured in an amount equal
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30 to your bodily injury liability coverage limits. An
insurer shall make available and a named insured may
select amounts of uninsured and underinsured motorist
coverage lower than the bodily injury liability limits
elected. Insurers may make available amounts of uninsured
and underinsured motorist coverage higher than the bodily
injury liability limits elected.
(8) Insurers may offer higher benefit levels than
those enumerated above as well as additional benefits.
However, an insured may elect to purchase lower benefit
levels than those enumerated above.
Your signature on this notice or your payment of any
[renewal] policy premium evidences your actual knowledge
and understanding of the availability of these benefits
and limits as well as the benefits and limits you have
selected.
If you have any questions or you do not understand all of
the various options available to you, contact your agent
or company.
If you do not understand any of the provisions contained
in this notice, contact your agent or company before you
sign.
§ 1792. Availability of uninsured, underinsured, bodily injury
liability and property damage coverages and
[mandatory] deductibles.
(a) Availability of coverages and deductibles.--
(1) Except for policies issued under Subchapter D
(relating to Assigned Risk Plan)[ , an]:
(i) An insurer delivering or issuing for delivery a
policy of bodily injury liability coverage pursuant to
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30 this chapter shall make available for purchase [ higher]
limits of [uninsured, underinsured and ] bodily injury
liability coverages up to at least $100,000 because of
injury to one person in any one accident and up to at
least $300,000 because of injury to two or more persons
in any one accident or, at the option of the insurer, up
to at least $300,000 in a single limit for these
coverages.
(ii) An i nsurer delivering or issuing for delivery a
policy of uninsured and underinsured coverage pursuant to
this chapter shall make available for purchase limits of
uninsured and underinsured motorist coverage to a named
insured equal to the amount of the named insured's bodily
injury liability coverage limits. An insurer shall make
available and a named insured may select amounts of
uninsured and underinsured motorist coverage lower than
the bodily injury liability limits elected. An insurer
may make available amounts of uninsured and underinsured
motorist coverage higher than the bodily injury liability
limits elected.
(2) Additionally, an insurer shall make available for
purchase at least $5,000 because of damage to property of
others in any one accident. However, the exclusion of
availability relating to the Assigned Risk Plan shall not
apply to damage to property of others in any one accident.
* * *
Section 7. A change in coverage of a motor vehicle liability
insurance policy delivered or issued for delivery or renewed in
this Commonwealth resulting from the amendment or addition of 75
Pa.C.S. §§ 1731(a) and 1734.1 shall not impact the validity of
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30 any waiver, rejection, selection of benefits or amount of
benefits in the policy beyond the coverage amounts as a result
of the amendment or addition of 75 Pa.C.S. §§ 1731(a) and 1734.1
or require that new forms be signed by the named insured in the
policy.
Section 8. The amendment or addition of 75 Pa.C.S. §§
1731(a), 1734.1, 1738.1, 1791 and 1792(a) shall apply to a
motor vehicle liability insurance policy delivered or issued for
delivery or renewed in this Commonwealth on or after one year
from the effective date of this section. Nothing in the
amendment or addition of 75 Pa.C.S. §§ 1731(a), 1734.1, 1738.1,
1791 and 1792(a) shall be construed to alter the election of
tort options in a motor vehicle liability insurance policy
delivered or issued for delivery or renewed in this Commonwealth
on or after one year from the effective date of this section.
Section 9. This act shall take effect in one year.
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